HomeMy WebLinkAboutCity of Fountain Valley - 2018-07-16City of Huntington Beach
File #: 18-093 MEETING DATE: 7/16/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: David A. Segura, Fire Chief
Subject:
Approve and authorize execution of an Agreement with the City of Fountain Valley for an Emergency
Medical Services Manager
Statement of Issue:
The attached agreement (Attachment 1) allows the City of Huntington Beach to contract with the City
of Fountain Valley for the services of an Emergency Medical Services Manager. For ten (10) hours
per week, the position will perform duties essential to the maintenance of the City's emergency
medical services system.
Financial Impact:
Funds in the amount of $35,669 are budgeted in the FY 2018/19 Fire Department budget in the Fire
Med Program business unit (10065402.52000).
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Agreement for Consultant Services" with
the City of Fountain Valley.
Alternative Action(s):
Do not approve the agreement and instruct staff on how to proceed.
Analysis:
The City of Huntington Beach maintains a close working relationship with the City of Fountain Valley
for fire and emergency medical service responses. Both cities also participate as members of the
Central Net Operations Joint Powers Authority for training in these and other related areas. This
cooperative relationship has resulted in many benefits for both agencies, including more effective
emergency responses, sharing of resources, cost savings, and a familiarization with the emergency
response needs of both communities.
At this time, the City of Fountain Valley has offered to enter into an agreement with the City of
Huntington Beach for the services of an Emergency Medical Services Manager. Some of the critical
duties the position would perform include:
1. Developing continuous quality improvement training for emergency medical service delivery
City of Huntington Beach Page 1 of 2 Printed on 7/11/2018
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File #: 18-093
MEETING DATE: 7/16/2018
2. Providing emergency medical service training and support for newly hired paramedics,
firefighters and ambulance operators
3. Providing Emergency Medical Technician (EMT) training for firefighters and ambulance
operators
4. Auditing electronic patient care reports
5. Serving as the communicable disease exposure officer for both organizations
The proposed agreement would share costs for the position, with Fountain Valley paying $107,008
(75%) and Huntington Beach paying $35,669 (25%). The total cost for the position is $142,677,
which includes all compensation for the classification.
Previously, a part-time position was included in the Fire Department for approximately the same cost.
However, the position was difficult to fill due to a shortage of registered nurses interested in this type
of part-time work. The proposed arrangement with Fountain Valley provides greater depth of
resource and the institutional history associated with a full-time position.
The attached agreement would remain in effect for three years, through June 30, 2021, and will
provide mutual benefit to both agencies.
Environmental Status:
None.
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Agreement for Consultant Services with the City of Fountain Valley
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CONTRACT NO. 18-42
AGREEMENT FOR CONSULTANT
SERVICES
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and
between the City of Fountain Valley, a municipal corporation ("CITY") and the
City of Huntington Beach, a California charter city and municipal corporation
("HUNTINGTON BEACH"). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
WHEREAS, CITY has contracted for a full-time position for the Fire Department
Emergency Medical Services Manager ("EMS MANAGER");
WHEREAS, HUNTINGTON BEACH desires to engage the services of CITY's
EMS MANAGER;
WHEREAS, HUNTINGTON BEACH and CITY desire that EMS MANAGER
spend 75% of EMS MANAGER's time working for CITY and 25% of EMS MANAGER's time
with HUNTINGTON BEACH; and
WHEREAS, HUNTINGTON BEACH and CITY desire that HUNTINGTON
BEACH reimburse 25% of EMS MANAGER's total compensation, including wage
increases, and CITY pay 75% of EMS MANAGER's total salary, including wage
increases.
NOW, THEREFORE, itagreed by CITY and HUNTINGTON BEACH as follows:
1. TERM
This AGREEMENT shall commence on July 1, 2018, ("EFFECTIVE DATE") and
remain and continue in effect until all tasks described herein are completed but in no
event later than July 1, 2021, unless sooner terminated pursuant to the terms of this
AGREEMENT or extended by written agreement between CITY and HUNTINGTON
BEACH.
2. SERVICES
CITY shall employ EMS MANAGER and shall be responsible for any and all
payment of all taxes, social security, state disability insurance, workers' compensation,
unemployment compensation, and/or other required payroll deductions for EMS
MANAGER. EMS MANAGER shall perform the tasks described and set forth in Exhibit
A, attached hereto and incorporated herein as though set forth in full. EMS MANAGER
shall complete the tasks according to the schedule of performance which is also set
forth in Exhibit A. EMS MANAGER shall provide services to HUNTINGTON BEACH for
a total of ten (10) hours per week. In no event shall EMS MANAGER's services to
HUNTINGTON BEACH exceed ten hours per week, without the prior approval of CITY.
HUNTINGON BEACH shall be solely responsible for directing the actions. of EMS
MANAGER while EMS MANAGER is performing for HUNTINGTON BEACH, however
EMS MANAGER shall remain in the employ of CITY and shall be bound by all
employment requirements as set forth by CITY.
3. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with HUNTINGTON BEACH
in the performance of this AGREEMENT, if necessary.
4. PERFORMANCE
EMS MANAGER shall always faithfully, competently, and to the best of his/her/its
ability, experience, and talent perform all tasks described herein. EMS MANAGER shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of EMS MANGER hereunder in
meeting its obligations under this AGREEMENT.
5. CITY MANAGEMENT
The Fire Chief shall represent CITY in all matters pertaining to the administration of
this AGREEMENT, including review and approval of all work submitted by EMS
MANAGER, but not including the authority to enlarge the tasks to be performed or change
the compensation due to EMS MANAGER. The CITY Manager shall be authorized to act
on CITY'S behalf and to execute all necessary documents that enlarge the tasks
to be performed or change EMS MANAGER's compensation, subject to Section 6
hereof.
6. PAYMENT
(a) HUNTINGTON BEACH agrees to reimburse CITY 25% of EMS MANAGER's
total annual compensation, including negotiated wage increases. CITY agrees to pay 75%
of EMS MANAGER's total annual compensation, including negotiated wage increases.
HUNTINGTON BEACH shall make reimbursement payments to CITY every three months,
beginning the EFFECTIVE DATE of this AGREEMENT.
(b) EMS MANAGER shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT that are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the CITY
Manager and HUNTINGTON BEACH. This written authorization requirement cannot be
waived. EMS MANAGER shall be compensated for any additional services in the amounts
and in the manner as agreed to by the CITY Manager, HUNTINGTON BEACH, and
CONSULTANT at the time written authorization is given to EMS MANAGER for the
performance of said additional services. The CITY Manager's authority to approve additional
compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of
additional compensation that exceeds the CITY Manager's authority as specified in
Fountain Valley Municipal Code section 2.36.110 must be obtained from the CITY Council.
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
Either CITY or HUNTINGTON BEACH may at any time, for any reason, with or
without cause, suspend or terminate this AGREEMENT, or any, portion hereof, by serving
upon EMS MANAGER and the other party, at least three hundred and sixty-five (365) days
prior, written notice. If CITY or HUNTINGTON BEACH suspends or terminates a portion of
this AGREEMENT, such suspension or termination shall not make void or invalidate the
remainder of this AGREEMENT.
8. LATE PAYMENT BY HUNTINGTON BEACH
If HUNTINGTON BEACH does not pay CITY within thirty (30) calendar days after
the end of the third month upon which payment is due, or the next business day if the thirtieth
day falls on a weekend or holiday, HUNTINGTON BEACH shall pay the following late charge
and penalty: one and a half percent (1 1/2 %) penalty per month shall be added for each
month such payment hereunder is due but unpaid.
9. OWNERSHIP OF DOCUMENTS
HUNTINGTON BEACH shall maintain complete and accurate records with respect
to any and all documents that relate to the performance of services pursuant to this
AGREEMENT. HUNTINGTON BEACH shall maintain adequate records of services provided
in sufficient detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible. HUNTINGTON BEACH shall provide free access to the representatives
of CITY or its designees at reasonable times to such books and records; shall give CITY the
right to examine and audit said books and records; shall permit CITY to make copies and
transcripts therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this AGREEMENT. Such records, together with
supporting documents, shall be turned over to CITY upon termination of this AGREEMENT.
10. INDEMNIFICATION
(a) HUNTINGTON BEACH hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and, against any and all claims, damages, losses, expenses, judgments, demands, and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with performance of this
AGREEMENT or its failure to comply with any of its obligations contained in this
AGREEMENT by CITY, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. HUNTINGTON BEACH
will conduct all defense at its sole cost and expense and CITY shall approve selection of
counsel. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by HUNTINGTON BEACH.
(b) CITY hereby agrees to protect, defend, indemnify and hold harmless
HUNTINGTON BEACH, its officers, elected or appointed officials, employees, agents, and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands, and defense costs (including, without limitation, costs and fees of litigation of every
nature or liability of any kind or nature) arising out of or in connection with performance of this
AGREEMENT or its failure to comply with any of its obligations contained in this
AGREEMENT by HUNTINGTON BEACH, its officers, agents, or employees except such
loss or damage which was caused by the sole negligence or willful misconduct of
HUNTINGTON BEACH. CITY will conduct all defense at its sole cost and expense and
HUNTINGTON BEACH shall approve selection of counsel This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as limitation upon the amount of indemnification to be provided by CITY.
11. INDEPENDENT CONTRACTOR
HUNTINGTON BEACH is, and shall be, acting at all times in the performance of
this AGREEMENT as an independent contractor herein and not as an employee of CITY.
HUNTINGTON BEACH shall secure at its own cost and expense and be responsible for any
and all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation, and other payroll deductions for EMS MANAGER and its
officers, agents, and employees and all business licenses, if any, in connection with this
AGREEMENT and/or the services to be performed hereunder. HUNTINGTON BEACH shall
be solely responsible for directing the actions of EMS MANAGER while EMS MANAGER is
performing for HUNTINGTON BEACH.
12. NOTICES
Any notices which either party may desire to give to the other party under this
AGREEMENT must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the
United States Mail, certified mail, postage prepaid, return receipt requested, addressed
to the address of the party as set forth below or at any other address as that party may later
designate by notice:
CITY
City of Fountain Valley
Attn: Fire Chief/Battalion Chief
10200 Slater Avenue
Fountain Valley, California 92708
13. ASSIGNMENT
HUNTINGTON BEACH
City of Huntington Beach
Attn: Fire Chief
2000 Main Street
Huntington Beach, California 92648
HUNTINGTON BEACH shall not assign the performance of this AGREEMENT, nor
any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
14. GOVERNING LAW
CITY and HUNTINGTON BEACH understand and agree that the laws of the State
of California shall govern the rights, obligations, duties, and liabilities of the parties to this
AGREEMENT and also govern the interpretation of this AGREEMENT.
15. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating
to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are merged
into this AGREEMENT and shall be of no further force or effect. Each party is entering this
AGREEMENT based solely upon the representations set forth herein and upon each party's
own independent investigation of any and all facts such party deems material.
16. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other
document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless
a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted
by all parties hereto.
17. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and
signed by authorized representatives of the parties hereto. The written modification
requirement cannot be waived.
18. ATTORNEY FEES
In the event suit is brought by either party to construe, interpret, and/or enforce the
terms and/or provisions of this AGREEMENT or to secure the performance hereof, each
party shall bear its own attorney fees, such that the prevailing party shall not be entitled to
recover its attorney fees from the non -prevailing party.
19. PRIOR AGREEMENT
This AGREEMENT replaces any agreement for Fire Department Emergency
Medical Services Manager which may currently exist between CITY and HUNTINGTON
BEACH.
20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CITY and
HUNTINGTON BEACH warrants and represents that he/she/they has the authority to
execute this AGREEMENT on behalf of CITY and HUNTINGTON BEACH and has the
authority to bind CITY and HUNTINGTON BEACH to the performance of his/her/its
obligations hereunder
IN WITNESS, WHEREOF, the parties hereto have caused this AGREEMENT to be executed
the day and year first above written.
CITY OF FOUNTAIN VALLEY
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Mayor, Michael Vo
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City Jerk, Rick Miller
APPROVED AS TO FORM:
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HUNTINGTON B
Mayor, Mike Posey
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APPROVED AS TO FORM:
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Exhibit A
Responsibilities and Duties:
1. Designated Officer for exposures
2. EMT training for firefighters and ambulance operators (Lifeguards can attend regularly
scheduled EMT training at Central Net)
a. Draft class content
b. Assist with instruction
3. Provide EMS training and support for new hire firefighter/paramedic and ambulance operator
academies
4. Audit Electronic Patient Care Reports (ePCR) as needed/requested by EMS Section Battalion
Chief
5. Develop appropriate Continuous Quality Improvement (CQI) training as needed based on ePCR
audit
6. Controlled substance report audit
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
The Honorable
Michael Posey
Mayor of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
Dear Mister Mayor:
I am writing to express my opposition to Item 19, an agreement for consultant services with the
Fountain Valley Fire Department.
While I am certain that the registered nurses who work for the Fountain Valley Fire Department
have a "great... depth of resource," I believe that the Huntington Beach Fire Department should
make an effort to hire a full-time Emergency Medical Services Manager. Huntington Beach is
the 4th largest city in Orange County and should be providing more services for the residents of
Huntington Beach.
The qualifications for the position of Emergency Services Manager are listed as "Developing
continuous quality improvement training for emergency medical service delivery, providing
emergency medical service training and support for newly hired paramedics, fire[men] and
ambulance [drivers], providing Emergency Medical Technician... training for fire[men] and
ambulance [drivers], auditing electronic patient care reports, and serving as the communicable
disease exposure officer for [the Fountain Valley Fire Department and the Huntington Beach
Fire Department.]" I am particularly concerned about allowing the registered nurse in this
position, who would be an employee of the Fountain Valley Fire Department to "audit patient
care reports" for those who may require emergency medical services in Huntington Beach. I
believe this may be a potential violation of the William L. Archer Jr. Health Insurance Portability
and Accountability Act of 1996, which prohibits sharing of health information.
I also do not agree with the claim that the registered nurse in this position will possess
"institutional history." The "institutional history" of the Huntington Beach Fire Department is
only possessed by the employees of the Huntington Beach Fire Department.
Thank you for listening to my concerns. In Summary, I would encourage a vote in the negative
on Item 19.
Sincerely Yours, SUPPLEMENTAL.
COMMUNICATION
Mr. Amory Hanson
ng Date: 7-14 A6/041'
Agenda Rom No.;19
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
CC: The Honorable Erik H. Peterson
CC: The Honorable Patrick Brenden
CC: The Honorable Barbara Delgleize
CC: The Honorable Jill Hardy
CC: The Honorable William C. O'Connell
CC: The Honorable Lyn Semeta
CC: Mr. Fred A. Wilson
CC; The Honorable Robin Estanislau
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 • www.huntingtonbeachca.gov
Office of the City Clerk
-Robin Estanislau, City Clerk
August 27, 2018
City of Fountain Valley
Attn: Fire Chief/Battalion Chief
10200 Slater Avenue
Fountain Valley, CA 92708
Dear Chief Coppolino:
Enclosed is a copy of the fully executed "Agreement for Consultant Services between the
City of Huntington Beach and the City of Fountain Valley."
Sincerely,
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
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